Court of Appeals of Ohio, Fifth District, Licking
from the Court of Common Pleas, Case No. 2018 CR 00924
Plaintiff-Appellee JENNY GONZALEZ-WELLS
Defendant-Appellant JAMES ANZELMO
W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E.
Wise, Jr., J.
1} Defendant-Appellant Dustin D. Szarell appeals the April 4,
2019 judgement of conviction and sentence of the Court of
Common Pleas of Licking County, Ohio. Plaintiff-Appellee is
the state of Ohio.
AND PROCEDURAL HISTORY
2} On December 11, 2018, appellant and his wife Danielle went
to Reynoldsburg to visit Danielle's mother Luan Smith.
Danielle was 8 months pregnant at the time. While at
Smith's home, Danielle was using appellant's phone
because hers had a dead battery. While using the phone,
Danielle saw something on appellant's phone that upset
her and she confronted appellant.
3} The two began arguing. When the argument got loud Luan
asked them to stop, but they continued. Appellant then walked
over to Danielle, who was seated on a loveseat, and rammed
his knee into Danielle's thigh. Luan noted that Appellant
rammed Danielle so hard that Danielle's belly shifted.
Danielle immediately began crying.
4} Luan told appellant she was calling police. While she was
on the phone, appellant was on his knees begging Danielle to
refrain from "sending him to jail." He then got up
and became loud and confrontational again. Luan told him to
leave and he complied.
5} Reynoldsburg Police Officer Hanna Evans responded to
Smith's home at approximately 5:45 p.m. She found
Danielle upset, her face flushed, and her eyes red. Medics
who were on standby came in to take a look at Danielle. She
had no observable injury.
6} While that was going on, Reynoldsburg Police Officer
Nathan Grodhaus attempted unsuccessfully to locate appellant.
He then joined Officer Evans who was speaking with Danielle.
Danielle refused transport to the emergency room, and did not
submit a written statement.
7} Appellant was subsequently charged with domestic violence,
a felony of the fifth degree. He pled not guilty and opted to
proceed to a jury trial which took place on April 4, 2019.
The state presented evidence from Smith, Evans, and Grodhaus
who provided the above outlined facts. Appellant ...